S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6146
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2021
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation  to  the  prohibi-
   tions on certain circus performances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 392-k to read as follows:
   § 392-K. PROHIBITIONS ON CERTAIN CIRCUS PERFORMANCES.  1. DEFINITIONS.
 AS USED IN THIS SECTION:
   (A) "ANIMAL" INCLUDES ANIMALS AS DEFINED IN SUBDIVISION ONE OF SECTION
 THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
   (B) "CIRCUS" MEANS ANY PERFORMANCE OF ANIMALS WHERE SUCH  ANIMALS  ARE
 TRAINED  TO  PERFORM  SOME  BEHAVIOR  OR  ACTION  OR ARE PART OF A SHOW,
 PARADE, OR PERFORMANCE.   SUCH DEFINITION SHALL  NOT  BE  APPLICABLE  TO
 NOT-FOR-PROFIT CORPORATIONS WHICH HAVE RECEIVED 501 (C)(3) EXEMPT STATUS
 FROM THE INTERNAL REVENUE SERVICE.
   (C)  "ANIMAL  WELFARE ACT" MEANS THE ANIMAL WELFARE ACT, 7 U.S.C. 2131
 ET SEQ.,  AND  ITS  SUBSEQUENT  AMENDMENTS,  REGULATIONS  AND  STANDARDS
 ADOPTED PURSUANT TO THE ACT.
   2.  IF  WITHIN  THE PRECEDING TWO YEAR PERIOD, (A) A CIRCUS, INCLUDING
 ITS OWNERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES, WAS ADJUDICATED BY AN
 ADMINISTRATIVE LAW JUDGE OF THE UNITED STATES DEPARTMENT OF  AGRICULTURE
 TO HAVE VIOLATED ITS REGULATIONS UNDER THE ANIMAL WELFARE ACT PERTAINING
 TO  THE  CARE  OR  HANDLING  OF AN ANIMAL, 9 CFR SECTION 2.40 OR SECTION
 2.131, OR ENTERED INTO  A  STIPULATION,  CONSENT  DECREE,  OR  VOLUNTARY
 SETTLEMENT  WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE PURSUANT TO
 THE ANIMAL WELFARE ACT, IN WHICH IT ADMITTED TO SUCH A VIOLATION OR  (B)
 A  CIRCUS,  INCLUDING ITS OWNERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES,
 WAS FOUND GUILTY OF VIOLATING THE LAW OF ANY STATE RELATING  TO  CRUELTY
 TO  OR  NEGLECT  OF  AN  ANIMAL  OWNED, LEASED OR IN ANY WAY USED BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09830-01-1

 S. 6146                             2
 
 CIRCUS, OR PLED GUILTY TO A CHARGE OTHER  THAN  THE  ANIMAL  CRUELTY  OR
 NEGLECT  CHARGE IN SATISFACTION OF THE ANIMAL CRUELTY OR NEGLECT CHARGE,
 OR WHERE THE ANIMAL CRUELTY OR NEGLECT CHARGE  HAS  NOT  RESULTED  IN  A
 DISMISSAL  ON  THE  MERITS, AN APPLICATION SHALL BE MADE BY THE ATTORNEY
 GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR
 JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNC-
 TION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIFTEEN DAYS, TO
 ENJOIN  AND RESTRAIN THE DEFENDANT FROM USING ANIMALS IN A CIRCUS WITHIN
 THE STATE FOR A PERIOD NOT TO EXCEED TWO YEARS. IN CONNECTION  WITH  ANY
 SUCH  PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE
 PROOF AND MAKE A DETERMINATION  OF  THE  RELEVANT  FACTS  AND  TO  ISSUE
 SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
 PROTECTIONS  AFFORDED  TO  ANIMALS  UNDER  ANY OTHER LAW, RULE, OR REGU-
 LATIONS.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.